2 The Lieutenant Governor in Council must appoint a person as the legislative counsel in accordance with The Civil Service Act. The person must be a lawyer entitled to practise law in Manitoba.

Registrar of regulations and deputy registrars

3(1) The Lieutenant Governor in Council must designate as the registrar of regulations a lawyer employed in the legislative counsel office, and may designate one or more additional lawyers from that office as deputy registrars.

Duties of deputy registrars

3(2) In the absence of the registrar, or at the request of the registrar, a deputy registrar may discharge the duties and exercise the powers of the registrar.

PART 2

ORIGINAL ACTS

Enacting clause

4 The enacting clause of an Act must follow any preamble, and may be in the following form:

Her Majesty, by and with the advice and consent of the Legislative Assembly, enacts as follows:

(a) the Clerk of the Assembly must provide a certified copy of it to the legislative counsel;

(b) the legislative counsel must

(i) assign a chapter number to it in accordance with subsection (2),

(ii) arrange for a bilingual version of the Act to be published on the Manitoba Laws website, and

(iii) make a bilingual version of the Act available to the Queen's Printer, who may print and sell or distribute copies of it.

Chapter numbers

5(2) Each year, the bills given royal assent in that year are to be arranged as chapters of the Statutes of Manitoba for that year, and are to be numbered consecutively starting with the number "1".

Annual volume of original Acts

5(3) After the end of each year, the Queen's Printer may prepare and sell or distribute a bound volume (or a set of bound volumes) of the original Acts enacted in that year.

Pre-publication corrections

6(1) When preparing an original Act for publication, the legislative counsel may, without altering the legal effect of the original Act,

(a) correct spelling, capitalization, punctuation or grammatical errors, and any other errors that are of a clerical, typographical or similar nature;

(b) correct errors in the numbering of provisions or cross-references; or

(c) alter the style or presentation of text or graphics to be consistent with the style and formatting practices of the legislative counsel office, or to improve electronic or print presentation.

Subsequent corrections

6(2) On discovering that the online version of an original Act differs from the Act as enacted, otherwise than because of a change or correction made under subsection (1), the legislative counsel

(a) must ensure that the online version is promptly corrected; and

(b) may publish a notice of the correction on the Manitoba Laws website if he or she considers it appropriate to do so.

No legal effect

6(3) A change or correction made to an original Act under this section is deemed to be part of that Act as enacted by the Legislature, and does not change its legal effect.

Proclamation

7 As soon as practicable after a proclamation is issued fixing the date on which all or any part of an Act is to come into force or be repealed, the legislative counsel must arrange for the text of the proclamation to be published on the Manitoba Laws website.

(b) any part of a regulation, rule, order or by-law that is adopted or incorporated into it by reference;

(c) a regulation, rule, order or by-law made by The Municipal Board or The Public Utilities Board, unless it is an order made by The Public Utilities Board under section 169 of The Consumer Protection Act;

(d) a proclamation that brings into force or repeals an Act or any part of an Act;

(e) an order confirming or disallowing a regulation or by-law;

(f) an order for a public inquiry;

(g) a regulation, rule, order or by-law made under an Act that states that this Act does not apply to it or that it is not a regulation within the meaning of this Act.

"government agency" means a board, commission, association or other body, whether or not incorporated, all the members of which, or all the members of the board of management or board of directors of which, are appointed by an Act or by the Lieutenant Governor in Council. (« organisme gouvernemental »)

"local authority" means

(a) a council, board or other governing body of a municipality, school district or school division or of a planning district established under The Planning Act;

(b) the administrator of a municipality under administration;

(c) the resident administrator or other governing authority of a local government district incorporated under The Local Government Districts Act;

(d) an official trustee of a school district or school division;

(e) the council of a community under The Northern Affairs Act; and

(f) the administrator of a community under The Northern Affairs Act that is under administration. (« autorité locale »)

(c) publishing or arranging for the publication of registered regulations;

in accordance with this Part.

Regulation not effective unless registered

10 A regulation is not effective unless it is a registered regulation.

Examination of proposed regulations

11 A regulation that has not been prepared by a lawyer employed in the legislative counsel office is to be submitted to the registrar for examination, before the regulation is made, to ensure that it meets the drafting and formatting standards used by that office.

Filing requirements

12(1) A regulation is filed for registration when a copy of the regulation is filed with the registrar along with

(a) in the case of a regulation made or approved by the Lieutenant Governor in Council, a copy of the order in council certified by the Clerk of the Executive Council to be a true copy; or

(b) in any other case, a certificate that is in a form acceptable to the registrar and meets the requirements of subsection (2).

(a) ensure that a registration number is assigned to the regulation in accordance with subsection (2);

(b) ensure that the following information is recorded in the register of regulations:

(i) the title of the regulation and the title of the Act under which it is made,

(ii) the date of registration and the registration number assigned to it,

(iii) the name of the department or other authority who filed the regulation for registration,

(iv) the registration number of any regulation amended by the regulation,

(v) the registration number of any regulation replaced by the regulation,

(vi) any other information specified by the registrar.

Numbering of regulations

15(2) Each year, the regulations registered in that year are to be numbered consecutively beginning with the number "1".

Publication of registered regulations

16(1) As soon as practicable after a regulation is registered, the registrar must

(a) arrange for it to be published on the Manitoba Laws website; and

(b) make a copy of it available to the Queen's Printer, who may print and sell or distribute copies of it.

The regulation must show its registration number and date of registration.

Bilingual version

16(2) If the regulation was made in English and French, the registrar must ensure that the bilingual version of it is published.

Annual volume of registered regulations

16(3) After the end of each year, the Queen's Printer may prepare and sell or distribute a bound volume (or a set of bound volumes) of the regulations registered in that year.

Pre-publication corrections

17(1) When preparing an original regulation for publication, the registrar may, without altering the legal effect of the regulation,

(a) correct spelling, capitalization, punctuation or grammatical errors, and any other errors that are of a clerical, typographical or similar nature;

(b) correct errors in the numbering of provisions or cross-references;

(c) make minor editorial changes to ensure a consistent form of expression; or

(d) alter the style or presentation of text or graphics to be consistent with the style and formatting practices of the legislative counsel office, or to improve electronic or print presentation.

Subsequent corrections

17(2) On discovering that the online version of an original regulation differs from the regulation as registered, otherwise than because of a change or correction made under subsection (1), the registrar

(a) must ensure that the online version is promptly corrected; and

(b) may publish a notice of the correction on the Manitoba Laws website if he or she considers it appropriate to do so.

No legal effect

17(3) A change or correction made to an original regulation under this section is deemed to be part of that regulation as filed for registration, and does not change its legal effect.

Non-publication of maps, diagrams, etc.

18(1) If a regulation includes a map, illustration, plan, diagram, photograph, graph, table or information that has not been provided to the registrar in a form acceptable to the registrar for online publication, the registrar may dispense with the online publication of that part of the regulation.

Notice of missing information

18(2) If the registrar dispenses with the online publication of part of a regulation, the published regulation must include a notice about the missing information and where it is available for inspection.

Effect of publication

19(1) The publication of a regulation on the Manitoba Laws website is notice of the regulation to all persons.

Effect of non-publication

19(2) Except as otherwise provided in an Act, a regulation is not enforceable against a person until the day after it is first published on the Manitoba Laws website, unless the person has actual notice of the regulation.

(b) as "Manitoba Regulation", "Man. Reg." or "M.R.", followed by its registration number.

Regulations to be tabled in Assembly

22(1) Unless otherwise directed by a resolution of the Assembly, the minister must table in the Assembly, within 15 days after the commencement of a session of the Legislature, a copy of each regulation that was registered more than 14 days before commencement of the session and has not previously been tabled in the Assembly.

Referral to committee

22(2) Upon being tabled in the Assembly, a regulation stands permanently referred to the Standing Committee on Statutory Regulations and Orders of the Legislative Assembly.

Assembly may direct repeal or amendment

22(3) The Legislative Assembly may by resolution direct the repeal or amendment of a regulation or part of a regulation.

Compliance with Assembly's resolution

22(4) If the Legislative Assembly directs the repeal or amendment of a regulation, the Lieutenant Governor in Council, the minister or other authority that made the regulation must repeal or amend the regulation as directed.

PART 4

CONSOLIDATED ACTS AND REGULATIONS

Consolidation and publication

23(1) Subject to subsections (2) to (5), as soon as practicable after an Act or regulation is amended, the legislative counsel must

(a) prepare a consolidated version that reflects the change made by the amendment;

(b) arrange for the updated version to be published on the Manitoba Laws website; and

(c) make a copy of the updated version available to the Queen's Printer, who may print and sell or distribute copies of it.

No application if amended provision not yet in force

23(2) Subsection (1) does not apply to an amendment of a provision that is not yet in force.

Consolidation not required for some public Acts

23(3) The legislative counsel is not required to prepare and publish a consolidated version of a public Act that is not included in the Continuing Consolidation of the Statutes of Manitoba.

Non-publication of maps, diagrams, etc.

23(4) If a consolidated regulation includes a map, illustration, plan, diagram, photograph, graph, table or information that has not been provided to the registrar in a form acceptable to the registrar for online publication, the registrar may dispense with the online publication of that part of the regulation.

Notice of missing information

23(5) If the registrar dispenses with the online publication of a part of a consolidated regulation, the published regulation must include a notice about the missing information and where it is available for inspection.

Prior consolidated versions of Acts

23(6) When a consolidated Act is updated or repealed, the legislative counsel must ensure that the previous or repealed version of the Act continues to be published on the Manitoba laws website.

Information tables

24 The legislative counsel must maintain information tables that provide

(a) the legislative history of each consolidated Act or regulation by citing each Act or regulation that amends or repeals the consolidated Act or regulation;

(b) information about when an original or amending Act or regulation comes into force if that information is not contained within the Act or regulation; and

(c) any other information that, in the opinion of the legislative counsel, would be helpful in understanding the relevant legislative history;

and must arrange for the tables to be published on the Manitoba Laws website.

Correction of consolidation or publication error

25(1) On discovering an error made in the process of consolidating or publishing a consolidated Act or regulation, the legislative counsel must arrange for the corrected version to be published on the Manitoba Laws website.

Editorial changes and corrections

25(2) The legislative counsel may, before or after a consolidated Act or regulation is published, but without altering its legal effect, make any change or correction that

(a) corrects a spelling, capitalization, punctuation, grammatical error, or other error of a clerical, typographical or similar nature;

(b) alters the style or presentation of text or graphics to be consistent with the style and formatting practices of the legislative counsel office, or to improve electronic or print presentation;

(c) is a minor editorial change required to ensure a consistent form of expression;

(d) is a minor change required to make a form of expression in English or French more compatible with its form of expression in the other language;

(e) adds, revises or deletes an information note, table of contents, heading, historical reference or other reader's aid that does not form part of an Act or regulation;

(f) replaces a description of a date or time with the actual date or time;

(g) replaces a reference to a bill or any part of a bill with a reference to the resulting Act or part of the Act after the bill is enacted and assigned a chapter number;

(h) removes a reference to a contingency in a provision that is stated to come into effect when or if that contingency occurs, if that contingency has occurred, or is required as a result of removing such a reference;

(i) updates a reference to a person, office, organization, place or thing if an Act provides that references to it are deemed or considered to be references to another person, office, organization, place or thing;

(j) updates a reference to reflect a change in the name, title, location or address of a person, office, organization, place or thing, other than

(i) a change in the name or title of a document adopted or incorporated by reference into an Act or regulation unless it was adopted or incorporated as amended from time to time, and

(ii) a change in the title of a minister or the name of a department;

(k) updates a reference to a minister or department when, under subsection 5(3) of The Executive Government Organization Act, an Act or regulation is to be read as if it were amended as necessary to give effect to an order in council made under The Executive Government Organization Act;

(l) corrects an error in the numbering of a provision or other portion of an Act or regulation, or is a change to a cross-reference required as a result of such a correction;

(m) corrects an obvious error in a cross-reference, if it is obvious what the correction should be;

(n) if a provision of a transitional nature is contained in an amending Act or regulation, incorporates it as a provision of the consolidated Act or regulation and makes any other changes that are required as a result; or

(o) removes a provision that is deemed by section 45 of The Interpretation Act to have been repealed because it has expired, lapsed or otherwise ceased to have effect.

Notice of change or correction

25(3) When making a change or correction under this section, the legislative counsel

(a) must notify the Queen's Printer of the change or correction; and

(b) may publish — or must publish, in the case of a change or correction described clauses (2)(f) to (o) — a notice on the Manitoba Laws website that identifies the change or correction or states the nature of it.

Considerations

25(4) In determining whether to publish a notice under subsection (3), and in determining the information to be included in a notice under that subsection, the legislative counsel must consider the nature of the change or correction and the extent to which the information given by the notice would help in understanding the relevant legislative history.

Continuing Consolidation of the Statutes of Manitoba

26(1) The Continuing Consolidation of the Statutes of Manitoba (abbreviated as "C.C.S.M."), being a set of consolidated public Acts of general application previously published in a loose-leaf format, is continued as an online publication.

(a) add a public Act to the Continuing Consolidation of the Statutes of Manitoba by assigning it a unique C.C.S.M. chapter number and including a note about the assignment in the published version of the Act; or

(b) renumber the chapter number assigned to a C.C.S.M. Act as follows:

(i) if the Act contains a provision that assigns a chapter number, by changing the reference to the chapter number in that provision and including a note about that change in the published version of the Act,

(ii) if the Act does not contain a provision that assigns a chapter number, by including a note about the change in the published version of the Act.

(a) the bilingual version of an original or consolidated Act or regulation; or

(b) the English version of a regulation that was made in English only;

is an official copy of that law if the copy

(c) is printed by or under the authority of the Queen's Printer; or

(d) is accessed from the Manitoba Laws website in a prescribed form or format.

Disclaimer

27(2) Subsection (1) does not apply to a copy that includes or is accompanied by a disclaimer to the effect that it is not an official copy.

Official copy of part of regulation

27(3) The fact that the online publication of a part of a regulation has been dispensed with by the registrar does not make the other part an unofficial copy.

Presumption — printed by Queen's Printer

28(1) In the absence of evidence to the contrary, a copy of an Act or regulation purporting to have been printed by or under the authority of the Queen's Printer is presumed to have been so printed.

Presumption — accessed from Manitoba Laws website

28(2) In the absence of evidence to the contrary, a copy of an Act or regulation submitted with an oral or written statement to the effect that it was accessed from the Manitoba Laws website in a prescribed form or format is presumed to have been so accessed.

Official copy as evidence — original Act or regulation

29(1) In the absence of evidence to the contrary, an official copy of an original Act or regulation is presumed to be an accurate statement of that law.

Official copy as evidence — consolidated Act or regulation

29(2) Subject to subsections (3) to (5) and in the absence of evidence to the contrary, an official copy of a consolidated Act or regulation is presumed to be an accurate statement of that law,

(a) in the case of an Act or regulation printed by or on behalf of the Queen's Printer, on the consolidation date shown on the copy;

(b) in the case of an Act or regulation accessed from the Manitoba Laws website in a prescribed form or format, during the period from the consolidation date shown on the copy to the currency date shown on the copy.

Retroactive amendments

29(3) If an amendment to a consolidated Act or regulation is deemed to have come into force before the date of enactment of the amendment,

(a) a copy of the consolidated Act or regulation before the date of enactment will not include the retroactive amendment; and

(b) the consolidation date to be shown on a copy of the first consolidated version that includes the amendment is the date of enactment of the amendment.

Consolidation not to operate as new law

29(4) A consolidated Act or regulation does not operate as new law, but is to be interpreted as a consolidation of the original enactment and the subsequent amendments that have come into force.

Inconsistency

29(5) In the event of an inconsistency between an official copy of a consolidated Act or regulation and the original Act or regulation as amended, the original Act or regulation as amended prevails.

Re-enacted regulation

30 If "R" is appended to the registration number of a regulation registered in 1987 or 1988, the regulation is a re-enactment, in English and French, of a regulation that was first enacted in English only. The re-enacted provisions do not operate as new law, but are a consolidation of, and are declaratory of, the law contained in the regulation immediately before the registration of the re-enacted regulation.

Proof of date of royal assent

31(1) In the absence of evidence to the contrary, the date of royal assent specified in an official copy of an Act is proof of the following:

(a) in the case of an original Act, the date that it received royal assent;

(b) in the case of a consolidated Act, the date that the original Act received royal assent.

Proof of date of coming into force by proclamation

31(2) In the absence of evidence to the contrary, the date specified in an official copy of a consolidated Act — or on the Manitoba Laws website — of the coming into force of the Act, a part of the Act or an amendment to the Act by proclamation is proof that the Act, that part of the Act or that amendment came into force on that day.

(a) respecting the duties and powers of the legislative counsel or the registrar;

(b) respecting the registration of regulations, including the authority of the registrar to refuse registration;

(c) exempting a regulation or class of regulations from registration under Part 3 and prescribing the form of publication, if any, that is required for the regulation or class of regulations;

(d) prescribing the form or format for a copy of an Act or regulation that, if accessed from the Manitoba Laws website, qualifies as an official copy of the Act or regulation, including the form or format of a printout, on-screen display or other output of electronic data;

(e) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable for the purpose of this Act.

"administrative burden" means anything that is necessary to demonstrate compliance with a regulatory requirement, including the collecting, processing, reporting and retaining of information, and the financial and economic costs of doing so. (« fardeau administratif »)

"educational institution" means a college as defined in The Advanced Education Administration Act and the Manitoba Institute of Trades and Technology. (« établissement d'enseignement »)

"emergency" means a present or imminent situation or condition that requires prompt action to prevent or limit

(a) the loss of life;

(b) harm or damage to the safety, health or welfare of people; or

(c) damage to property or the environment. (« situation d'urgence »)

"government agency" means a board, commission, association or other body, whether or not incorporated, all the members of which, or all the members of the board of management or board of directors of which, are appointed by an Act or by the Lieutenant Governor in Council, other than an educational institution. (« organisme gouvernemental »)

"regulation" means a regulation as defined in section 1, other than one that is made or approved by the board of an educational institution or an independent officer of the Assembly. (« règlement »)

"regulatory requirement" means a requirement in a regulation for a person to take an action in order to

(a) access a program or service offered by the government or a government agency;

(a) extending the application of this Part or any provision of it to a regulation, rule, order or by-law referred to in clause 8(2)(g);

(b) respecting the publication of proposed regulations;

(c) prescribing the information to be included in the evaluation report under section 34.6;

(d) exempting a type of regulatory requirement or a regulation or class of regulations from the application of this Part or any provision of it or respecting the circumstances in which an exemption may be granted;

(e) defining any word or expression used but not defined in this Act;

(f) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.

Regulations may establish classes

34.9(2) A regulation under subsection (1) may establish classes and provide differently for different classes.

This Part does not apply

34.9(3) For greater certainty, this Part does not apply to a regulation under subsection (1) or section 34.5.